Changes to Legal Handgun Carry in Maryland

Currently, the Maryland General Assembly is considering bills that would change State law on Maryland Wear and Carry permits. SB 1 passed the Maryland Senate by wide margin on March 13th and has been sent to the House for consideration. The House has also passed HB 824,  which would double current permit fees, and affect background investigations and impose new disqualifiers on the possession of regulated firearms. However, both bills could change before becoming law. Below, is a guide on what SB 1 would do, in its current form, should it become law. This would be in addition to the places already off limits as covered in our State and Local weapons laws guide.

Current as of 3/16/23

SB 1 PROHIBITS CARRY in these areas (effective 10/01/2023):

I.  Private Property:
-private dwellings except with permission, excluding common areas in a condominium, as defined in § 11-101 of the Real Property Article, property of a cooperative housing corporation other than a unit as defined in § 5-6B-01 of the Corporations and Associations Article, or common areas of a multifamily dwelling as defined in § 12-203 of the Public Safety Article
-any private property location which is posted conspicuously or after being notified by the owner or owner’s agent that the wearing, carrying, or transporting a firearm is prohibited on the property. 

2.  Areas for Children and Vulnerable Adults:
-preschool or prekindergarten facilities
-private primary or secondary schools
-youth camps, as defined in § 14-401 of the Health General Article
-health care facilities, as defined in § 15-10B-01 of the Insurance Article
-locations that are being used as a shelter for runaway youth

3.  Government or Public Infrastructure Areas
-buildings owned or leased by a unit of the State or Local government
-buildings of public or private institutions of higher education as defined in § 10-101 of the Education Article
-locations that are currently being used as polling places in accordance with Title 10 of the Election Law Article or for canvassing ballots in accordance with Title 11 of the Election Law Article
-electric plants or electric storage facilities as defined in § 1-101 of the Public Utilities Article

4.  Special Purpose Areas (private or public ownership included)
-a location licensed to sell or dispense alcohol or cannabis for on-site consumption (most restaurants). 
-a stadium
-a museum
-a location being used for an “organized sporting or athletic activity” where three or more individuals are competing in a sport or athletic activity together as part of the same league. Exception is made for sporting activities which customarily involve firearms
-a location being used for a live theater performances
-a location being used for musical concerts or performances for which members of the audience are required to pay or possess a ticket to be admitted
-a location being used for a fair or carnival
-racetracks
-video lottery facilities, including casinos and a facility with terminals for any game of chance, as defined in § 9-1A-01 of the State Government Article
-within 100 yards of a place where a public gathering, demonstration, or an event that requires a permit from the local governing body is being held, if signs posted by a law enforcement agency conspicuously and reasonably inform members of the public that the wearing, carrying, and transporting of firearms is prohibited

Exempt from carry restrictions:

-Law enforcement officials of the United States, the State, or Local law enforcement agencies of the State
-Members of the armed forces of the United States or the National Guard on duty or traveling to or from duty
-Members of an ROTC program while participating in an activity for an ROTC program
-Law enforcement official of another state or subdivision of another state temporarily in this State on official business
-Correctional officers or wardens of a correctional facility in the State
-Sheriffs or full-time assistant or deputy sheriffs of the State
-Off-duty law enforcement officials or retired law enforcement officials in good standing from the United States, the State, or a local unit in the State who possesses a firearm if their badge or credential is displayed, the firearm is concealed from view under or within an article of the wearer’s clothing, and the wearer is authorized to carry a handgun under the laws of the State or the United States, or the wearer has a Maryland carry permit and the firearm is concealed from view under or within an article of the wearer’s clothing
-For private property, the property owners or lessees of the property, and persons selected by the owner or lesee (1) to be employed as a security guard licensed under Title 19 of the Business Occupations Article or (2) for protecting any individual or property at the location without remuneration or compensation
-Locations being used with the permission of the person or governmental unit that owns, leases, or controls the location for organized shooting activities for educational purposes, historical demonstrations using firearms, or hunting or target shooting
-Firearms carried or transported in motor vehicles so long as the firearm(s) is unloaded and locked in a container that is separate from any ammunition that is suitable for use in the firearm(s)
-The wearing, carrying, or transporting of a firearm on a portion of real property subject to an easement, a right of way, a servitude, or any other property interest allowing access on or through the real property by the holder of such property rights or a guest or assignee of the holder

Penalties Upon Conviction for being in Areas for Children or Vulnerable Adults, Government or Public Infrastructure Areas, or Special Purpose Areas:

-Misdemeanor for a first conviction, imprisonment not exceeding 90 days or a fine not exceeding $3,000 or both
-Misdemeanor for a second or subsequent conviction, imprisonment not exceeding 15 months or a fine not exceeding $7,500 or both
-If convicted with intent to cause death or injury to another, a misdemeanor with imprisonment not exceeding 15 months or a fine not exceeding $7,500 or both

Penalties Upon Conviction for Trespassing on Private Property or Dwellings where Firearms are Prohibited:

-Misdemeanor for a first conviction, imprisonment not exceeding 90 days or a fine not exceeding $500 or both
-Misdemeanor for a second conviction occurring within 2 years after the first, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both
-Each subsequent conviction occurring within 2 years after the preceding conviction, imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both 

Requires:

-Handguns must be carried concealed under or within an article of the wearer’s clothing or within an enclosed case, but allows the momentary and inadvertent display of a concealed firearm
-The State Police must revoke permits from those who do not continue to be qualified for a permit
-The State Police must provide written, detailed notice to a person whose application or permit has been denied, revoked, or limited
-The State police must take reasonable steps to ensure the surrender of any regulated firearms from those prohibited from possessing regulated firearms under MD Code, Public Safety, § 5-133
-Applicants and permit holders may not be respondents to current non-ex parte civil protective orders, current extreme risk protective orders, or any other type of current court order prohibiting the person from purchasing or possessing firearms
-Applicants must not be prohibited by State or federal law from purchasing or possessing handguns
-Applicants must not have been convicted of a second or subsequent violation of § 4-104 of the Criminal Law Article, or if that violation resulted in the use of a loaded firearm by a child causing death or serious bodily injury to the child or another person — these affected persons may not have a permit issued to them for five years following conviction
-Reporting by the State Police to the status of information about how many permits are issued, revoked, holder demographics, and other information related to the issuance of permits

Removes:

-Maryland’s “good and substantial reason” requirement for issuance of a permit to wear, carry, or transport a handgun currently under MD Code, Public Safety, § 5-306(a)

Other Provisions:

-The State Police may revoke a permit from a holder who doesn’t maintain possession of their permit while carrying
-Any new requirements to the permit application process imposed by SB 1 do not apply retroactively, but only to initial applicants and renewing permit holders from 10/01/2023 onward

-A severability clause in the bill protects the law as a whole should any part of it be struck as unconstitutional